Statement by the Permanent Representative of the Argentine Republic, Amb. Martín García Moritán

October 17, 2016

Excellences, distinguished guests, ladies and gentlemen,

Good afternoon and thank you very much for being here.

Let me begin by expressing our deep appreciation to the Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or punishment, Juan Méndez, for his presence today as a way of showing his continuous commitment to the problem of prolonged solitary confinement.

For Argentina it is an honor to be able to cosponsors this side event in order to present a comparative report on laws and practices in 35 jurisdictions regarding the solitary confinement of detainees, together with the Permanent Mission of Switzerland to the United Nations, the Office of the High Commissioner on Human Rights, the Anti-Torture Initiative, and other partners and friends from civil society and academia.

Ensuring full and meaningful discussions regarding the application of solitary confinement, its conditions and limitations, while providing a comparative analysis on practice and law, contributes to recalling many of the recommendations including in the ground-breaking report that the Special Rapporteur presented in 2011 to the Third Committee of the General Assembly.

In that regard, it is crucial to share experiences, good practices and lessons learned that allow us to better understand the challenges faced by people subject to our criminal systems. Besides, this contributes to design policies and programs in order to address those challenges and overcome the obstacles identifies by the Special Rapporteur in his report. In particular, it is important to encourage countries to explore the developing and implementation of alternative disciplinary sanctions to avoid the use of solitary confinement.

From our point of view, it is evident that the guarantee of due process and the right to defense, among other safeguards, should be the cornerstone of any system that wants to protect the human rights of detainees. In particular, in relation with solitary confinement, the recommended time limit of 15 days should never be exceeded.

We have a strong commitment to allow a permanent control over the penitentiary system, coming not only from other state actors, including judges, prosecutors, and governmental agencies, but also from civil society at large. As societies we cannot afford to continue allowing the violation of the human rights of people under detention anywhere in the world, especially regarding their physical and psychological health.

The establishment of internal and external safeguards, the training of all involved professionals and the use of the solitary confinement only in very exceptional circumstances, as a last resort, for as short a time as possible, will help us to consolidate the positive trend acknowledged in the report presented today.

In that regard, I am confident that the tendency to move away from the solitary confinement will be the result of political leadership and all actions implemented to raise awareness on the consequences related to its use. In this context, the voice of the Special Rapporteur has been crucial to put change into motion.

Therefore, and to finalize, please let me once more thank on the behalf of my country for putting this sensitive issue the context of the United Nations and to advocate for the full respect and protection of the human rights of all persons.

Thank you very much.